DOE 2017-16.rfp

REQUEST FOR
PROPOSALS FOR PROFESSIONAL SERVICES
Facilities Condition Evaluation

ISSUED BY DELAWARE DEPARTMENT OF EDUCATION
RFP # DOE 2017-06
I.
Overview
The State of Delaware Department of Education (DDOE), seeks proposals from qualified
firms to provide consulting services for a facilities condition evaluation for Christina School
District owned buildings within the City of Wilmington. This request for proposals (RFP) is
issued pursuant to 29 Del. C. 6981 and 6982.
The proposed schedule of events subject to the RFP is outlined below:
Public Notice
Date: November 28, 2016
Deadline for Questions
Date: December 1, 2016
Response to Questions Posted by:
Date: December 6, 2016
Deadline for Receipt of Proposals
Date: December 13, 2016 at 3:00 PM (Local

Time)
Estimated Notification of Award
Date: January 6, 2017
Each proposal must be accompanied by a transmittal letter which briefly summarizes the
proposing firms interest in providing the required professional services. The transmittal
letter must also clearly state and justify any exceptions to the requirements of the RFP which
the applicant may have taken in presenting the proposal. (Applicant exceptions must also be
recorded on Attachment 3). Furthermore, the transmittal letter must attest to the fact that no
activity related to this proposal contract will take place outside of the United States. The
State of Delaware Department of Education reserves the right to deny any and all
exceptions taken to the RFP requirements.
MANDATORY PREBID MEETING
A mandatory pre-bid meeting has not been established for this Request for Proposal.
II.
Scope of Services
The Department of Education is soliciting proposals from qualified firms to provide consulting
services for a Facilities Condition Evaluation for the Christina School District owned buildings
within the City of Wilmington.
Scope of Work:
1. Conduct a Facilities Condition Evaluation of the following facilities (Building and
grounds)
a. Bancroft Elementary School, 700 N. Lombard Street
b. Bayard Middle School, 200 S. DuPont Street
c. Elbert Palmer Elementary School, 1210 Lobdell Street
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2.
3.
4.
5.
6.
7.
III.
d. Casimir Pulaski Elementary School, 1300 Cedar Street

e. Stubbs Elementary School, 1100 North Pine Street
f. Drew Education Support Center, 600 N. Lombard Street
g. Douglass School, 1800 Prospect Road
h. Sarah Pyle Academy, 500 N. Lombard Street
Develop cost estimates to bring each of the above listed facilities to a similar state and
with the same control systems such as building controls, camera systems, keysets,
alarm, access control, phones, tech. infrastructure (switches), and wifi as Highlands
Elementary School, 2100 Gilpin Avenue; Shortledge Elementary School, 100 West 18th
Street; Lewis Dual Language Elementary School, 920 North Van Buren Street; Baltz
Elementary School, 1500 Spruce Avenue; and DuPont Middle School, 3130 Kennett
Pike.
Develop cost estimate for entrance modifications so that all visitors are funneled through
a secure entrance to office.
Identical to the process and methodology followed for typical school facilities
assessment work, the assessment will identify any potential issues related to major
building systems and building components such as the building envelope/structure,
roofing, HVAC/mechanical, electrical, plumbing, fire protection, telecommunications, and
security systems as well as any site improvements required to the immediate
surrounding area for building access. Data generated from this effort will:
Evaluate the above listed schools in 1. facility condition indices as compared to
RCCSD facilities as listed in 2.
Identify and prioritize required short and long term improvements
Identify code compliance, accessibility and system coordination issues
requiring immediate attention
Identify potential energy conservation opportunities
All assessment work is expected to be done during normal building availability and
cannot interfere with instructional routines.
Prepare a design analysis for the Christina Administrative space, Douglas Alternative
School, Sarah Pyle Program and Delaware Autism Program as currently located in one
of the buildings listed above.
The work is time sensitive. Include in the proposal a timeline for deliverables.
Required Information
The following information shall be provided in each proposal in the order listed below.
Failure to respond to any request for information within this proposal may result in rejection
of the proposal at the sole discretion of the State.
A. Minimum Requirements
1. Provide Delaware license(s) and/or certification(s) necessary to perform services as
identified in the scope of work.
Prior to the execution of an award document, the successful Vendor shall either
furnish the Agency with proof of State of Delaware Business Licensure or initiate the
process of application where required.
2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work
and clearly identify capabilities as presented in the General Evaluation Requirements
below.
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3. Complete all appropriate attachments and forms as identified within the RFP.
4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to
the start of the contract period and shall be no less than as identified in the bid
solicitation, Section IV, subsection D, Item 5, sub e.
5. Provide response to Employing Delawareans Report (Attachment 9)
B. General Evaluation Requirements
1.
2.
3.
4.
5.
6.
IV.
Experience
Demonstrated capacity to meet project requirements
Familiarity with public work and its requirements
Clearly defined goals and objectives, project approach/work plan and scope of work
Demonstrated ability to complete projects within a prescribed timeframe
Staffing/Resources Plan
Professional Services RFP Administrative Information

A. RFP Issuance
1. Public Notice
Public notice has been provided in accordance with 29 Del. C. 6981.
2. Obtaining Copies of the RFP
This RFP is available in electronic form through DDOE website at:
https://pubapps.doe.k12.de.us/rfplisting/ and the State of Delaware Procurement
website at http://bids.delaware.gov/ Paper copies of this RFP will not be available.
3. Assistance to Vendors with a Disability
Vendors with a disability may receive accommodation regarding the means of
communicating this RFP or participating in the procurement process. For more
information, contact the Designated Contact no later than ten days prior to the
deadline for receipt of proposals.
4. RFP Designated Contact
All requests, questions, or other communications about this RFP shall be made in
writing to DDOE. Address all communications to the person listed below;
communications made to other DDOE personnel or attempting to ask questions by
phone or in person will not be allowed or recognized as valid and may disqualify the
vendor. Vendors should rely only on written statements issued by the RFP
designated contact.
Karen Field Rogers

Delaware Department of Education
401 Federal Street, Suite #2
Dover, DE 19901-3639
KarenField.Rogers@doe.k12.de.us
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To ensure that written requests are received and answered in a timely manner,
electronic mail (e-mail) correspondence is acceptable, but other forms of delivery,
such as postal and courier services can also be used.
5. Consultants and Legal Counsel
DDOE may retain consultants or legal counsel to assist in the review and evaluation
of this RFP and the vendors responses. Bidders shall not contact the States
consultant or legal counsel on any matter related to the RFP.
6. Contact with State Employees
Direct contact with State of Delaware employees other than the DDOE Designated
Contact regarding this RFP is expressly prohibited without prior consent. Vendors
directly contacting DDOE employees risk elimination of their proposal from further
consideration. Exceptions exist only for organizations currently doing business in the
State who require contact in the normal course of doing that business.
7. Organizations Ineligible to Bid
Any individual, business, organization, corporation, consortium, partnership, joint
venture, or any other entity including subcontractors currently debarred or
suspended is ineligible to bid. Any entity ineligible to conduct business in the State
of Delaware for any reason is ineligible to respond to the RFP.
8. Exclusions
The Proposal Evaluation Team reserves the right to refuse to consider any proposal
from a vendor who:
a. Has been convicted for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or subcontract, or in
the performance of the contract or subcontract;
b. Has been convicted under State or Federal statutes of embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen property,
or other offense indicating a lack of business integrity or business honesty that
currently and seriously affects responsibility as a State contractor;
c. Has been convicted or has had a civil judgment entered for a violation under
State or Federal antitrust statutes;
d. Has violated contract provisions such as;

1) Knowing failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract; or
2) Failure to perform or unsatisfactory performance in accordance with terms of
one or more contracts;
e. Has violated ethical standards set out in law or regulation; and
f.
Any other cause listed in regulations of the State of Delaware determined to be

serious and compelling as to affect responsibility as a State contractor, including
suspension or debarment by another governmental entity for a cause listed in the
regulations.
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B. RFP Submissions
1. Acknowledgement of Understanding of Terms
By submitting a bid, each vendor shall be deemed to acknowledge that it has
carefully read all sections of this RFP, including all forms, schedules and exhibits
hereto, and has fully informed itself as to all existing conditions and limitations.
2. Proposals
To be considered, all proposals must be submitted in writing and respond to the
items outlined in this RFP. The State reserves the right to reject any non-responsive
or non-conforming proposals. Each proposal must be submitted with 10 paper
copies and 10 electronic copies on CD or DVD media disk, or USB memory drive.
Please provide a separate electronic pricing file from the rest of the RFP proposal
responses.
Proposals submitted in response to this RFP should be prepared and submitted in
accordance with the following guidelines:
Narrative limited to 30 pages maximum;
Typewritten;
Line spacing of 1.5;
Twelve-point font, using an easy-to-read font such as Arial, Times New
Roman, etc;
Charts and graphs may be single spaced and use no smaller than 10-point
type;
One-inch (1) side, top, and bottom margins;
Footer on each page with page number and the vendor name;
Do not attach additional pages or information not requested in the application;
Stapled (do not use binders or folders when submitting application).
All properly sealed and marked proposals are to be sent to DDOE and received no
later than 3:00 PM (Local Time) on December 13, 2016. The Proposals may be
delivered by Express Delivery (e.g., FedEx, UPS, etc.), US Mail, or by hand to:
Kim Wheatley, Director
Financial Reform Resources
Dover, DE 19901-3639
Vendors are directed to clearly print BID ENCLOSED and RFP # DOE
2017-06 Facilities Condition Evaluation on the outside of the bid submission
package.
Any proposal submitted by US Mail shall be sent by either certified or registered mail.
Proposals must be received at the above address no later than 3:00 PM (Local
Time) on December 13, 2016. Any proposal received after this date shall not be
considered and shall be returned unopened. The proposing vendor bears the risk of
delays in delivery. The contents of any proposal shall not be disclosed as to be
made available to competing entities during the negotiation process.
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Upon receipt of vendor proposals, each vendor shall be presumed to be thoroughly
familiar with all specifications and requirements of this RFP. The failure or omission
to examine any form, instrument or document shall in no way relieve vendors from
any obligation in respect to this RFP.
3. Proposal Modifications
Any changes, amendments or modifications to a proposal must be made in writing,
submitted in the same manner as the original response and conspicuously labeled
as a change, amendment or modification to a previously submitted proposal.
Changes, amendments or modifications to proposals shall not be accepted or
considered after the hour and date specified as the deadline for submission of
proposals.
4. Proposal Costs and Expenses
The DDOE will not pay any costs incurred by any Vendor associated with any aspect
of responding to this solicitation, including proposal preparation, printing or delivery,
attendance at vendors conference, system demonstrations or negotiation process.
5. Proposal Expiration Date
Prices quoted in the proposal shall remain fixed and binding on the bidder at least
through December 31, 2017. The DDOE reserves the right to ask for an extension
of time if needed.
6. Late Proposals
Proposals received after the specified date and time will not be accepted or
considered. To guard against premature opening, sealed proposals shall be
submitted, plainly marked with the proposal title, Vendor name, and time and date of
the proposal opening. Evaluation of the proposals is expected to begin shortly after
the proposal due date. To document compliance with the deadline, the proposal will
be date and time stamped upon receipt.
7. Proposal Opening
The DDOE will receive proposals until the date and time shown in this RFP.
Proposals will be opened only in the presence of the DDOE personnel. Any
unopened proposals will be returned to the submitting Vendor.
There will be no public opening of proposals but a public log will be kept of the
names of all Vendor organizations that submitted proposals. The contents of any
proposal shall not be disclosed to competing Vendors prior to contract award.
8. Non-Conforming Proposals
Non-conforming proposals will not be considered. Non-conforming proposals are
defined as those that do not meet the requirements of this RFP. The determination
of whether an RFP requirement is substantive or a mere formality shall reside solely
within the DDOE.
9. Concise Proposals
The DDOE discourages overly lengthy and costly proposals. It is the desire that
proposals be prepared in a straightforward and concise manner. Unnecessarily
elaborate brochures or other promotional materials beyond those sufficient to
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present a complete and effective proposal are not desired. The DDOEs interest is in
the quality and responsiveness of the proposal.
10. Realistic Proposals
It is the expectation of the DDOE that vendors can fully satisfy the obligations of the
proposal in the manner and timeframe defined within the proposal. Proposals must
be realistic and must represent the best estimate of time, materials and other costs
including the impact of inflation and any economic or other factors that are
reasonably predictable.
The DDOE shall bear no responsibility or increase obligation for a vendors failure to
accurately estimate the costs or resources required to meet the obligations defined in
the proposal.
11. Confidentiality of Documents
All documents submitted as part of the vendors proposal will be deemed confidential
during the evaluation process. Vendor proposals will not be available for review by
anyone other than the DDOE/Proposal Evaluation Team or its designated agents.
There shall be no disclosure of any vendors information to a competing vendor prior
to award of the contract.
The DDOE is a public agency as defined by state law, and as such, it is subject to
the Delaware Freedom of Information Act, 29 Del. C. Ch. 100. Under the law, all the
DDOEs records are public records (unless otherwise declared by law to be
confidential) and are subject to inspection and copying by any person. Vendor(s) are
advised that once a proposal is received by the DDOE and a decision on contract
award is made, its contents will become public record and nothing contained in the
proposal will be deemed to be confidential except proprietary information.
Vendor(s) shall not include any information in their proposal that is proprietary in
nature or that they would not want to be released to the public. Proposals must
contain sufficient information to be evaluated and a contract written without reference
to any proprietary information. If a vendor feels that they cannot submit their
proposal without including proprietary information, they must adhere to the following
procedure or their proposal may be deemed unresponsive and will not be
recommended for selection. Vendor(s) must submit such information in a separate,
sealed envelope labeled Proprietary Information with the RFP number. The
envelope must contain a letter from the Vendors legal counsel describing the
documents in the envelope, representing in good faith that the information in each
document is not public record as defined by 29 Del. C. 10002(d), and briefly
stating the reasons that each document meets the said definitions.
Upon receipt of a proposal accompanied by such a separate, sealed envelope, the
DDOE will open the envelope to determine whether the procedure described above
has been followed.
12. Multi-Vendor Solutions (Joint Ventures)
Multi-vendor solutions (joint ventures) will be allowed only if one of the venture
partners is designated as the prime contractor. The prime contractor must be
the joint ventures contact point for the DDOE and be responsible for the joint
ventures performance under the contract, including all project management, legal
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and financial responsibility for the implementation of all vendor systems. If a joint
venture is proposed, a copy of the joint venture agreement clearly describing the
responsibilities of the partners must be submitted with the proposal. Services
specified in the proposal shall not be subcontracted without prior written approval by
the DDOE, and approval of a request to subcontract shall not in any way relieve
Vendor of responsibility for the professional and technical accuracy and adequacy of
the work. Further, vendor shall be and remain liable for all damages to the DDOE
caused by negligent performance or non-performance of work by its subcontractor or
its sub-subcontractor.
Multi-vendor proposals must be a consolidated response with all cost included in the
cost summary. Where necessary, RFP response pages are to be duplicated for
each vendor.
a. Primary Vendor
The DDOE expects to negotiate and contract with only one prime vendor. The
DDOE will not accept any proposals that reflect an equal teaming arrangement or
from vendors who are co-bidding on this RFP. The prime vendor will be
responsible for the management of all subcontractors.
Any contract that may result from this RFP shall specify that the prime vendor is
solely responsible for fulfillment of any contract with the State as a result of this
procurement. The State will make contract payments only to the awarded
vendor. Payments to any-subcontractors are the sole responsibility of the prime
vendor (awarded vendor).
Nothing in this section shall prohibit the DDOE from the full exercise of its options
under Section IV.B.16 regarding multiple source contracting.
b. Sub-contracting
The vendor selected shall be solely responsible for contractual performance and
management of all subcontract relationships. This contract allows subcontracting
assignments; however, vendors assume all responsibility for work quality,
delivery, installation, maintenance, and any supporting services required by a
subcontractor.
Use of subcontractors must be clearly explained in the proposal, and major
subcontractors must be identified by name. The prime vendor shall be wholly
responsible for the entire contract performance whether or not
subcontractors are used. Any sub-contractors must be approved by DDOE.
c. Multiple Proposals
A primary vendor may not participate in more than one proposal in any form.
Sub-contracting vendors may participate in multiple joint venture proposals.
13. Sub-Contracting
The vendor selected shall be solely responsible for contractual performance and
management of all subcontract relationships. This contract allows subcontracting
assignments; however, vendors assume all responsibility for work quality, delivery,
installation, maintenance, and any supporting services required by a subcontractor.
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Use of subcontractors must be clearly explained in the proposal, and subcontractors
must be identified by name. Any sub-contractors must be approved by DDOE.
14. Discrepancies and Omissions
Vendor is fully responsible for the completeness and accuracy of their proposal, and
for examining this RFP and all addenda. Failure to do so will be at the sole risk of
vendor. Should vendor find discrepancies, omissions, unclear or ambiguous intent
or meaning, or should any questions arise concerning this RFP, vendor shall notify
the DDOEs Designated Contact, in writing, of such findings at least ten (10) days
before the proposal opening. This will allow issuance of any necessary addenda. It
will also help prevent the opening of a defective proposal and exposure of vendors
proposal upon which award could not be made. All unresolved issues should be
addressed in the proposal.
Protests based on any omission or error, or on the content of the solicitation, will be
disallowed if these faults have not been brought to the attention of the Designated
Contact, in writing, at least ten (10) calendar days prior to the time set for opening of
the proposals.
a. RFP Question and Answer Process
The DDOE will allow written requests for clarification of the RFP. All questions
should be posted on DDOEs website at:
https://pubapps.doe.k12.de.us/rfplisting/ by December 1, 2016. Vendor
names will be removed from questions in the responses released. Questions
should be submitted in the following format. Deviations from this format will not
be accepted.
Section number
Paragraph number
Page number
Text of passage being questioned
Questions not submitted electronically shall be accompanied by a CD and
questions shall be formatted in Microsoft Word. Questions must be filed no later
than midnight on December 1, 2016. Questions received after that time will not
be considered. A copy of the questions and answers will be posted on
http://bids.delaware.gov.
15. States Right to Reject Proposals
The DDOE reserves the right to accept or reject any or all proposals or any part of
any proposal, to waive defects, technicalities or any specifications (whether they be
in the DDOEs specifications or vendors response), to sit and act as sole judge of
the merit and qualifications of each product offered, or to solicit new proposals on the
same project or on a modified project which may include portions of the originally
proposed project as the DDOE may deem necessary in the best interest of the
DDOE.
16. States Right to Cancel Solicitation
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The DDOE reserves the right to cancel this solicitation at any time during the
procurement process, for any reason or for no reason. The DDOE makes no
commitments expressed or implied, that this process will result in a business
transaction with any vendor.
This RFP does not constitute an offer by the DDOE. Vendors participation in this
process may result in the DDOE selecting your organization to engage in further
discussions and negotiations toward execution of a contract. The commencement of
such negotiations does not, however, signify a commitment by the DDOE to execute
a contract nor to continue negotiations. The DDOE may terminate negotiations at
any time and for any reason, or for no reason.
17. States Right to Award Multiple Source Contracting
Pursuant to 29 Del. C. 6986, the DDOE may award a contract for a particular
professional service to two or more vendors if the agency head makes a
determination that such an award is in the best interest of the DDOE.
18. Notification of Withdrawal of Proposal
Vendor may modify or withdraw its proposal by written request, provided that both
proposal and request is received by the DDOE prior to the proposal due date.
Proposals may be re-submitted in accordance with the proposal due date in order to
be considered further.
Proposals become the property of the DDOE at the proposal submission deadline.
All proposals received are considered firm offers at that time.
19. Revisions to the RFP
If it becomes necessary to revise any part of the RFP, an addendum will be posted
on DDOEs website at:
https://pubapps.doe.k12.de.us/rfplisting/
and http://bids.delaware.gov/
DDOE is not bound by any statement related to this RFP made by any State of
Delaware employee, contractor or its agents.
20. Exceptions to the RFP
Any exceptions to the RFP, or the DDOEs terms and conditions, must be recorded
on Attachment 3. Acceptance of exceptions is within the sole discretion of the
evaluation committee.
21. Award of Contract
The final award of a contract is subject to approval by the DDOE. The DDOE has
the sole right to select the successful vendor(s) for award, to reject any proposal as
unsatisfactory or non-responsive, to award a contract to other than the lowest priced
proposal, to award multiple contracts, or not to award a contract, as a result of this
RFP.
Notice in writing to a vendor of the acceptance of its proposal by the DDOE and the
subsequent full execution of a written contract will constitute a contract, and no
vendor will acquire any legal or equitable rights or privileges until the occurrence of
both such events.
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a. RFP Award Notifications
After reviews of the evaluation committee report and its recommendation, and
once the contract terms and conditions have been finalized, the DDOE will award
the contract.
The contract shall be awarded to the vendor whose proposal is most
advantageous, taking into consideration the evaluation factors set forth in the
RFP.
It should be explicitly noted that the DDOE is not obligated to award the contract
to the vendor who submits the lowest bid or the vendor who receives the highest
total point score; rather, the contract will be awarded to the vendor whose
proposal is the most advantageous to the DDOE. The award is subject to the
appropriate DDOE approvals.
After a final selection is made, the winning vendor will be invited to negotiate a
contract with the DDOE; remaining vendors will be notified in writing of their
selection status.
22. Cooperatives
Vendors, who have been awarded similar contracts through a competitive bidding
process with a cooperative, are welcome to submit the cooperative pricing for this
solicitation.
C. RFP Evaluation Process
An evaluation team composed of representatives of the DDOE will evaluate proposals
on a variety of quantitative criteria. Neither the lowest price nor highest scoring proposal
will necessarily be selected.
The DDOE reserves full discretion to determine the competence and responsibility,
professionally and/or financially, of vendors. Vendors are to provide in a
timely manner any and all information that the DDOE may deem necessary to make a
decision.
1. Proposal Evaluation Team
The Proposal Evaluation Team shall be comprised of representatives of the DDOE.
The Team shall determine which vendors meet the minimum requirements pursuant
to selection criteria of the RFP and procedures established in 29 Del. C. 6981 and
6982. The Team may negotiate with one or more vendors during the same period
and may, at its discretion, terminate negotiations with any or all vendors. The Team
shall make a recommendation regarding the award to the Delaware Secretary of
Education, who shall have final authority, subject to the provisions of this RFP and
29 Del. C. 6982, to award a contract to the successful vendor in the best interests
of the DDOE.
2. Proposal Selection Criteria
The Proposal Evaluation Team shall assign up to the maximum number of points for
each Evaluation Item to each of the proposing vendors proposals. All assignments
of points shall be at the sole discretion of the Proposal Evaluation Team.
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The proposals shall contain the essential information on which the award decision
shall be made. The information required to be submitted in response to this RFP has
been determined by the DDOE to be essential for use by the Team in the bid
evaluation and award process. Therefore, all instructions contained in this RFP shall
be met in order to qualify as a responsive and responsible contractor and participate
in the Proposal Evaluation Teams consideration for award. Proposals which do not
meet or comply with the instructions of this RFP may be considered non-conforming
and deemed non-responsive and subject to disqualification at the sole discretion of
the Team.
The Team reserves the right to:
Select for contract or for negotiations, a proposal other than that with lowest
costs.
Reject any and all proposals or portions of proposals received in response to this
RFP or to make no award or issue a new RFP.
Waive or modify any information, irregularity, or inconsistency in proposals
received.
Request modification to proposals from any or all vendors during the contract
review and negotiation.
Negotiate any aspect of the proposal with any vendor and negotiate with more
than one vendor at the same time.
Select more than one vendor pursuant to 29 Del. C. 6986.
Criteria Weight
All proposals shall be evaluated using the same criteria and scoring process. The
following criteria shall be used by the Evaluation Team to evaluate proposals:
Criteria
Weight
Experience
30%
Demonstrated Capacity
20%
Familiarity with public work
15%
Goals/Objectives/Project Approach/Work Plan
15%
Ability to complete projects within defined timeframe
10%
Staffing/Resources Plan
10%
Total
100%
Vendors are encouraged to review the evaluation criteria and to provide a response
that addresses each of the scored items. Evaluators will not be able to make
assumptions about a vendors capabilities so the responding vendor should be
detailed in their proposal responses.
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3. Proposal Clarification
The Evaluation Team may contact any vendor in order to clarify uncertainties or
eliminate confusion concerning the contents of a proposal. Proposals may not be
modified as a result of any such clarification request.
4. References
The Evaluation Team may contact any customer of the vendor, whether or not
included in the vendors reference list and use such information in the evaluation
process. Additionally, the DDOE may choose to visit existing installations of
comparable systems, which may or may not include vendor personnel. If the vendor
is involved in such site visits, the DDOE will pay travel costs only for DDOE
personnel for these visits.
5. Oral Presentations
After initial scoring and a determination that vendor(s) are qualified to perform the
required services, selected vendors may be invited to make oral presentations to the
Evaluation Team. All vendor(s) selected will be given an opportunity to present to
the Evaluation Team.
The selected vendors will have their presentations scored or ranked based on their
ability to successfully meet the needs of the contract requirements, successfully
demonstrate their product and/or service, and respond to questions about the
solution capabilities.
The vendor representative(s) attending the oral presentation shall be technically
qualified to respond to questions related to the proposed system and its components.
All of the vendor's costs associated with participation in oral discussions and system
demonstrations conducted for the DDOE are the vendors responsibility.
D. Contract Terms and Conditions
1. Contract Use by Other Agencies
REF: Title 29, Chapter 6904(e) Delaware Code. If no state contract exists for a
certain good or service, covered agencies may procure that certain good or service
under another agency's contract so long as the arrangement is agreeable to all
parties. Agencies, other than covered agencies, may also procure such goods or
services under another agency's contract when the arrangement is agreeable to all
parties.
2. General Information
a. The term of the contract between the successful bidder and DDOE shall be for
one years with two possible extensions for a period of one year.
b. The selected vendor will be required to enter into a written agreement with the
DDOE. The DDOE reserves the right to incorporate standard State contractual
provisions into any contract negotiated as a result of a proposal submitted in
response to this RFP. Any proposed modifications to the terms and conditions of
the standard contract are subject to review and approval by the DDOE. Vendors
will be required to sign the contract for all services and may be required to sign
additional agreements.
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c. The selected vendor or vendors will be expected to enter negotiations with the
DDOE, which will result in a formal contract between parties. Procurement will
be in accordance with subsequent contracted agreement. This RFP and the
selected vendors response to this RFP will be incorporated as part of any formal
contract.
d. The DDOEs standard contract (Attachment 11) will most likely be supplemented
with the vendors software license, support/maintenance, source code escrow
agreements, and any other applicable agreements. The terms and conditions of
these agreements will be negotiated with the finalist during actual contract
negotiations.
e. The successful vendor shall promptly execute a contract incorporating the terms
of this RFP within twenty (20) days after award of the contract. No vendor is to
begin any service prior to receipt of a DDOE purchase order signed by two
authorized representatives of the agency requesting service and properly
processed through the DDOE Accounting Office and the Department of Finance.
The purchase order shall serve as the authorization to proceed in accordance
with the bid specifications and the special instructions, once it is received by the
successful vendor.
f. If the vendor to whom the award is made fails to enter into the agreement as
herein provided, the award will be annulled, and an award may be made to
another vendor. Such vendor shall fulfill every stipulation embraced herein as if
they were the party to whom the first award was made.
3. Collusion or Fraud
Any evidence of agreement or collusion among vendor(s) and prospective vendor(s)
acting to illegally restrain freedom from competition by agreement to offer a fixed
price, or otherwise, will render the offers of such vendor(s) void.
By responding, the vendor shall be deemed to have represented and warranted that
its proposal is not made in connection with any competing vendor submitting a
separate response to this RFP, and is in all respects fair and without collusion or
fraud; that the vendor did not participate in the RFP development process and had
no knowledge of the specific contents of the RFP prior to its issuance; and that no
employee or official of the DDOE participated directly or indirectly in the vendors
proposal preparation.
Advance knowledge of information which gives any particular vendor advantages
over any other interested vendor(s), in advance of the opening of proposals, whether
in response to advertising or an employee or representative thereof, will potentially
void that particular proposal.
4. Lobbying and Gratuities
Lobbying or providing gratuities shall be strictly prohibited. Vendors found to be
lobbying, providing gratuities to, or in any way attempting to influence a DDOE
employee or agent of the DDOE concerning this RFP or the award of a contract
resulting from this RFP shall have their proposal immediately rejected and shall be
barred from further participation in this RFP.
The selected vendor will warrant that no person or selling agency has been
employed or retained to solicit or secure a contract resulting from this RFP upon
agreement or understanding for a commission, a percentage, brokerage, or
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contingent fee. For breach or violation of this warranty, the DDOE shall have the
right to annul any contract resulting from this RFP without liability or at its discretion
deduct from the contract price or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
All contact with DDOE employees, contractors or agents of the DDOE concerning
this RFP shall be conducted in strict accordance with the manner, form, and
conditions set forth in this RFP.
5. Solicitation of State Employees
Until contract award, vendors shall not, directly or indirectly, solicit any employee of
the DDOE to leave the DDOEs employ in order to accept employment with the
vendor, its affiliates, actual or prospective contractors, or any person acting in
concert with vendor, without prior written approval of the DDOEs contracting officer.
Solicitation of DDOE employees by a vendor may result in rejection of the vendors
proposal.
This paragraph does not prevent the employment by a vendor of a DDOE employee
who has initiated contact with the vendor. However, DDOE employees may be
legally prohibited from accepting employment with the contractor or subcontractor
under certain circumstances. Vendors may not knowingly employ a person who
cannot legally accept employment under State or Federal law. If a vendor discovers
that they have done so, they must terminate that employment immediately.
6. General Contract Terms
a. Independent Contractors
The parties to the contract shall be independent contractors to one another, and
nothing herein shall be deemed to cause this agreement to create an agency,
partnership, joint venture or employment relationship between parties. Each
party shall be responsible for compliance with all applicable workers
compensation, unemployment, disability insurance, social security withholding,
and all other similar matters. Neither party shall be liable for any debts,
accounts, obligations or other liability whatsoever of the other party, any other
obligation of the other party to pay on the behalf of its employees or to withhold
from any compensation paid to such employees any social benefits, workers
compensation insurance premiums or any income or other similar taxes.
It may be at the DDOEs discretion as to the location of work for the contractual
support personnel during the project period. The DDOE may provide working
space and sufficient supplies and material to augment the Contractors services.
b. Temporary Personnel are Not State Employees Unless and Until They are
Hired
Vendor agrees that any individual or group of temporary staff person(s) provided
to the State of Delaware pursuant to this Solicitation shall remain the
employee(s) of Vendor for all purposes including any required compliance with
the Affordable Care Act by the Vendor. Vendor agrees that it shall not allege,
argue, or take any position that individual temporary staff person(s) provided to
the State pursuant to this Solicitation must be provided any benefits, including
any healthcare benefits by the State of Delaware and Vendor agrees to assume
the total and complete responsibility for the provision of any healthcare benefits
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required by the Affordable Care Act to aforesaid individual temporary staff
person(s). In the event that the Internal Revenue Service, or any other third
party governmental entity determines that the State of Delaware is a dual
employer or the sole employer of any individual temporary staff person(s)
provided to the State of Delaware pursuant to this Solicitation, Vendor agrees to
hold harmless, indemnify, and defend the State to the maximum extent of any
liability to the State arising out of such determinations.
Notwithstanding the content of the preceding paragraph, should the State of
Delaware subsequently directly hire any individual temporary staff employee(s)
provided pursuant to this Solicitation, the aforementioned obligations to hold
harmless, indemnify, and defend the State of Delaware shall cease and
terminate for the period following the date of hire. Nothing herein shall be
deemed to terminate the Vendors obligation to hold harmless, indemnify, and
defend the State of Delaware for any liability that arises out of compliance with
the ACA prior to the date of hire by the State of Delaware. Vendor will waive any
separation fee provided an employee works for both the vendor and hiring
agency, continuously, for a three (3) month period and is provided thirty (30)
days written notice of intent to hire from the agency. Notice can be issued at
second month if it is the States intention to hire.
c. ACA Safe Harbor
The State and its utilizing agencies are not the employer of temporary or
contracted staff. However, the State is concerned that it could be determined to
be a Common-law Employer as defined by the Affordable Care Act (ACA).
Therefore, the State seeks to utilize the Common-law Employer Safe Harbor
Exception under the ACA to transfer health benefit insurance requirements to
the staffing company. The Common-law Employer Safe Harbor Exception can
be attained when the State and/or its agencies are charged and pay for an
Additional Fee with respect to the employees electing to obtain health coverage
from the Vendor.
The Common-law Employer Safe Harbor Exception under the ACA requires that
an Additional Fee must be charged to those employees who obtain health
coverage from the Vendor, but does not state the required amount of the fee.
The State requires that all Vendors shall identify the Additional Fee to obtain
health coverage from the Vendor and delineate the Additional Fee from all other
charges and fees. The Vendor shall identify both the Additional Fee to be
charged and the basis of how the fee is applied (i.e. per employee, per invoice,
etc.). The State will consider the Additional Fee and prior to award reserves the
right to negotiate any fees offered by the Vendor. Further, the Additional Fee
shall be separately scored in the proposal to ensure that neither prices charged
nor the Additional Fee charged will have a detrimental effect when selecting
vendor(s) for award.
d. Licenses and Permits
In performance of the contract, the vendor will be required to comply with all
applicable Federal, State and local laws, ordinances, codes, and regulations.
The cost of permits and other relevant costs required in the performance of the
contract shall be borne by the successful vendor. The vendor shall be properly
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licensed and authorized to transact business in the State of Delaware as
provided in 30 Del. C. 2502.
Prior to receiving an award, the successful vendor shall either furnish the DDOE
with proof of State of Delaware Business Licensure or initiate the process of
application where required. An application may be requested in writing to:
Division of Revenue, Carvel State Building, P.O. Box 8750, 820 N. French Street,
Wilmington, DE 19899 or by telephone to one of the following numbers: (302)
577-8200Public Service, (302) 577-8205Licensing Department.
Information regarding the award of the contract will be given to the Division of
Revenue. Failure to comply with the State of Delaware licensing requirements
may subject vendor to applicable fines and/or interest penalties.
e. Notice
Any notice to the DDOE required under the contract shall be sent by registered
mail to:
Karen Field-Rogers
Dover, DE 19901-3639
f.
Indemnification
1. General Indemnification
By submitting a proposal, the proposing vendor agrees that in the event it is
awarded a contract, it will indemnify and otherwise hold harmless the DDOE,
its agents and employees from any and all liability, suits, actions, or claims,
together with all costs, expenses for attorneys fees, arising out of the
vendors, its agents and employees performance work or services in
connection with the contract, regardless of whether such suits, actions,
claims or liabilities are based upon acts or failures to act attributable, whole or
part, to the State, its employees or agents.
2. Proprietary Rights Indemnification
Vendor shall warrant that all elements of its solution, including all equipment,
software, documentation, services and deliverables, do not and will not
infringe upon or violate any patent, copyright, trade secret or other proprietary
rights of any third party. In the event of any claim, suit or action by any third
party against the DDOE, the DDOE shall promptly notify the vendor in writing
and vendor shall defend such claim, suit or action at vendors expense, and
vendor shall indemnify the DDOE against any loss, cost, damage, expense or
liability arising out of such claim, suit or action (including, without limitation,
litigation costs, lost employee time, and counsel fees) whether or not such
claim, suit or action is successful.
If any equipment, software, services (including methods) products or other
intellectual property used or furnished by the vendor (collectively Products)
is or in vendors reasonable judgment is likely to be, held to constitute an
infringing product, vendor shall at its expense and option either:
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STATE OF DELAWARE
a. Procure the right for the DDOE to continue using the Product(s);
b. Replace the Product with a non-infringing equivalent that satisfies all the
requirements of the contract; or
c. Modify the Product(s) to make it or them non-infringing, provided that the
modification does not materially alter the functionality or efficacy of the
Product or cause the Product(s) or any part of the work to fail to conform
to the requirements of the Contract, or only alters the Product(s) to a
degree that the DDOE agrees to and accepts in writing.
g. Insurance
1. Vendor recognizes that it is operating as an independent contractor and that
it is liable for any and all losses, penalties, damages, expenses, attorneys
fees, judgments, and/or settlements incurred by reason of injury to or death of
any and all persons, or injury to any and all property, of any nature, arising
out of the vendors negligent performance under this contract, and particularly
without limiting the foregoing, caused by, resulting from, or arising out of any
act of omission on the part of the vendor in their negligent performance under
this contract.
2. The vendor shall maintain such insurance as will protect against claims under
the Workers Compensation Act and from any other claims for damages for
personal injury, including death, which may arise from operations under this
contract. The vendor is an independent contractor and is not an employee of
the DDOE.
3. During the term of this contract, the vendor shall, at its own expense, also
carry insurance minimum limits as follows:
a. Commercial General Liability
$1,000,000 per occurrence /

$3,000,000 aggregate
And at least one of the following, as outlined below:

b. Medical or Professional Liability
c
Misc. Errors and Omissions
Product Liability

If the contractual service requires the transportation of departmental clients or

staff, the vendor shall, in addition to the above coverages, secure at its own
expense the following coverage;
a. Automotive Liability (Bodily Injury)
$100,000/$300,000
b. Automotive Property Damage (to others) $ 25,000
4. The vendor shall provide a Certificate of Insurance (COI) as proof that the
vendor has the required insurance. The COI shall be provided prior to
agency contact prior to any work being completed by the awarded vendor(s).
5. The DDOE shall not be named as an additional insured.
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STATE OF DELAWARE
6. Should any of the above described policies be cancelled before the expiration
date thereof, notice will be delivered in accordance with the policy provisions.
h. Performance Requirements
The selected Vendor will warrant that it possesses, or has arranged through
subcontractors, all capital and other equipment, labor, materials, and licenses
necessary to carry out and complete the work hereunder in compliance with any
and all Federal and State laws, and County and local ordinances, regulations and
codes.
i.
Vendor Emergency Response Point of Contact

The awarded vendor(s) shall provide the name(s), telephone, or cell phone
number(s) of those individuals who can be contacted twenty four (24) hours a
day, seven (7) days a week where there is a critical need for commodities or
services when the Governor of the DDOE declares a state of emergency under
the Delaware Emergency Operations Plan or in the event of a local emergency or
disaster where a state governmental entity requires the services of the vendor.
Failure to provide this information could render the proposal as non-responsive.
In the event of a serious emergency, pandemic or disaster outside the control of
the State, the State may negotiate, as may be authorized by law, emergency
performance from the Contractor to address the immediate needs of the State,
even if not contemplated under the original Contract or procurement. Payments
are subject to appropriation and other payment terms.
j.
Warranty
The Vendor will provide a warranty that the deliverables provided pursuant to the
contract will function as designed for a period of no less than one (1) year from
the date of system acceptance. The warranty shall require the Vendor correct, at
its own expense, the setup, configuration, customizations or modifications so that
it functions according to the States requirements.
k. Costs and Payment Schedules

All contract costs must be as detailed specifically in the Vendors cost proposal.
No charges other than as specified in the proposal shall be allowed without
written consent of the DDOE. The proposal costs shall include full compensation
for all taxes that the selected vendor is required to pay.
The DDOE will require a payment schedule based on defined and measurable
milestones. Payments for services will not be made in advance of work
performed. The DDOE may require holdback of contract monies until acceptable
performance is demonstrated (as much as 25%).
l.
Penalties
The DDOE may include in the final contract penalty provisions for nonperformance, such as liquidated damages.
m. Termination of Contract
The contract resulting from this RFP may be terminated as follows by the DDOE.
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1. Termination for Cause: If, for any reasons, or through any cause, the Vendor
fails to fulfill in timely and proper manner its obligations under this Contract, or if
the Vendor violates any of the covenants, agreements, or stipulations of this
Contract, the State shall thereupon have the right to terminate this contract by
giving written notice to the Vendor of such termination and specifying the
effective date thereof, at least twenty (20) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other material
prepared by the Vendor under this Contract shall, at the option of the State,
become its property, and the Vendor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such
documents and other materials which is usable to the State.
On receipt of the contract cancellation notice from the State, the Vendor shall
have no less than five (5) days to provide a written response and may identify a
method(s) to resolve the violation(s). A vendor response shall not affect or
prevent the contract cancellation unless the State provides a written acceptance
of the vendor response. If the State does accept the Vendors method and/or
action plan to correct the identified deficiencies, the State will define the time by
which the Vendor must fulfill its corrective obligations. Final retraction of the
States termination for cause will only occur after the Vendor successfully
rectifies the original violation(s). At its discretion the State may reject in writing
the Vendors proposed action plan and proceed with the original contract
cancellation timeline.
2. Termination for Convenience: The State may terminate this Contract at any
time by giving written notice of such termination and specifying the effective
date thereof, at least twenty (20) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, models, photographs, reports, supplies, and other materials
shall, at the option of the State, become its property and the Vendor shall be
entitled to receive compensation for any satisfactory work completed on such
documents and other materials which are usable to the State.
3. Termination for Non-Appropriations: In the event the General Assembly fails
to appropriate the specific funds necessary to enter into or continue the
contractual agreement, in whole or part, the agreement shall be terminated as
to any obligation of the State requiring the expenditure of money for which no
specific appropriation is available at the end of the last fiscal year for which no
appropriation is available or upon the exhaustion of funds. This is not a
termination for convenience and will not be converted to such.
n. Non-discrimination
In performing the services subject to this RFP the vendor, as set forth in Title 19
Delaware Code Chapter 7 section 711, will agree that it will not discriminate
against any employee or applicant with respect to compensation, terms,
conditions or privileges of employment because of such individual's race, marital
status, genetic information, color, age, religion, sex, sexual orientation, gender
identity, or national origin. The successful vendor shall comply with all Federal
and State laws, regulations and policies pertaining to the prevention of
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STATE OF DELAWARE
discriminatory employment practice. Failure to perform under this provision
constitutes a material breach of contract.
o. Covenant against Contingent Fees
The successful vendor will warrant that no person or selling agency has been
employed or retained to solicit or secure this contract upon an agreement of
understanding for a commission or percentage, brokerage or contingent fee
excepting bona-fide employees, bona-fide established commercial. or bona-fide
selling agencies maintained by the Vendor for the purpose of securing business.
For breach or violation of this warranty the DDOE shall have the right to annul
the contract without liability or at its discretion to deduct from the contract price or
otherwise recover the full amount of such commission, percentage, brokerage or
contingent fee.
p. Vendor Activity
No activity is to be executed in an off shore facility, either by a subcontracted firm
or a foreign office or division of the vendor. The vendor must attest to the fact
that no activity will take place outside of the United States in its transmittal letter.
Failure to adhere to this requirement is cause for elimination from future
consideration.
q. Vendor Responsibility
The State will enter into a contract with the successful Vendor(s). The successful
Vendor(s) shall be responsible for all products and services as required by this
ITB whether or not the Vendor or its subcontractor provided final fulfillment of the
order. Subcontractors, if any, shall be clearly identified in the Vendors proposal
by completing Attachment 6, and are subject the approval and acceptance of the
DDOE.
r. Personnel, Equipment and Services
1. The Vendor represents that it has, or will secure at its own expense, all
personnel required to perform the services required under this contract.
2. All of the equipment and services required hereunder shall be provided by or
performed by the Vendor or under its direct supervision, and all personnel,
including subcontractors, engaged in the work shall be fully qualified and
shall be authorized under State and local law to perform such services.
3. None of the equipment and/or services covered by this contract shall be
subcontracted without the prior written approval of the State. Only those
subcontractors identified in Attachment 6 are considered approved upon
award. Changes to those subcontractor(s) listed in Attachment 6 must be
approved in writing by the State.
s. Fair Background Check Practices
Pursuant to 29 Del. C. 6909B and effective November 4, 2014 the State does not
consider the criminal record, criminal history, credit history or credit score of an
applicant for state employment during the initial application process unless
otherwise required by State and/or Federal law. Vendors doing business with the
State are encouraged to adopt fair background check practices. Vendors can refer
to 19 Del. C. 711(g) for applicable established provisions.
t.
Work Product
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STATE OF DELAWARE
All materials and products developed under the executed contract by the vendor
are the sole and exclusive property of the State. The vendor will seek written
permission to use any product created under the contract.
u. Contract Documents
The RFP, the purchase order, the executed contract (sample attached as
Appendix 11) and any supplemental documents between the DDOE and the
successful vendor shall constitute the contract between the DDOE and the
vendor. In the event there is any discrepancy between any of these contract
documents, the following order of documents governs so that the former prevails
over the latter: contract, DDOEs RFP, Vendors response to the RFP and
purchase order. No other documents shall be considered. These documents will
constitute the entire agreement between the DDOE and the vendor.
v. Applicable Law
The laws of the State of Delaware shall apply, except where Federal Law has
precedence. The successful vendor consents to jurisdiction and venue in the
State of Delaware.
In submitting a proposal, Vendors certify that they comply with all Federal, State
and local laws applicable to its activities and obligations including:
1. the laws of the State of Delaware;
2. the applicable portion of the Federal Civil Rights Act of 1964;
3. the Equal Employment Opportunity Act and the regulations issued there
under by the federal government;
4. a condition that the proposal submitted was independently arrived at, without
collusion, under penalty of perjury; and
5. that programs, services, and activities provided to the general public under
resulting contract conform with the Americans with Disabilities Act of 1990,
and the regulations issued there under by the federal government.
If any vendor fails to comply with (1) through (5) of this paragraph, the DDOE
reserves the right to disregard the proposal, terminate the contract, or consider
the vendor in default.
The selected vendor shall keep itself fully informed of and shall observe and
comply with all applicable existing Federal and State laws, and County and local
ordinances, regulations and codes, and those laws, ordinances, regulations, and
codes adopted during its performance of the work.
w. Severability
If any term or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not
affect the other terms or provisions hereof or the whole of this Agreement, but
such term or provision shall be deemed modified to the extent necessary in the
court's opinion to render such term or provision enforceable, and the rights and
obligations of the parties shall be construed and enforced accordingly, preserving
to the fullest permissible extent the intent and agreements of the parties herein
set forth.
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x. Scope of Agreement
If the scope of any provision of the contract is determined to be too broad in any
respect whatsoever to permit enforcement to its full extent, then such provision
shall be enforced to the maximum extent permitted by law, and the parties hereto
consent and agree that such scope may be judicially modified accordingly and
that the whole of such provisions of the contract shall not thereby fail, but the
scope of such provisions shall be curtailed only to the extent necessary to
conform to the law.
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STATE OF DELAWARE
y. Affirmation
The Vendor must affirm that within the past five (5) years the firm or any officer,
controlling stockholder, partner, principal, or other person substantially involved
in the contracting activities of the business is not currently suspended or
debarred and is not a successor, subsidiary, or affiliate of a suspended or
debarred business.
z. Audit Access to Records
The Vendor shall maintain books, records, documents, and other evidence
pertaining to this Contract to the extent and in such detail as shall adequately
reflect performance hereunder. The Vendor agrees to preserve and make
available to the State, upon request, such records for a period of five (5) years
from the date services were rendered by the Vendor. Records involving matters
in litigation shall be retained for one (1) year following the termination of such
litigation. The Vendor agrees to make such records available for inspection,
audit, or reproduction to any official State representative in the performance of
their duties under the Contract. Upon notice given to the Vendor, representatives
of the State or other duly authorized State or Federal agency may inspect,
monitor, and/or evaluate the cost and billing records or other material relative to
this Contract. The cost of any Contract audit disallowances resulting from the
examination of the Vendor's financial records will be borne by the Vendor.
Reimbursement to the State for disallowances shall be drawn from the Vendor's
own resources and not charged to Contract cost or cost pools indirectly charging
Contract costs.
aa. Other General Conditions

1. Current Version Packaged application and system software shall be
the most current version generally available as of the date of the physical
installation of the software.
2. Current Manufacture Equipment specified and/or furnished under this
specification shall be standard products of manufacturers regularly
engaged in the production of such equipment and shall be the
manufacturers latest design. All material and equipment offered shall be
new and unused.
3. Volumes and Quantities Activity volume estimates and other quantities
have been reviewed for accuracy; however, they may be subject to change
prior or subsequent to award of the contract.
4. Prior Use The DDOE reserves the right to use equipment and material
furnished under this proposal prior to final acceptance. Such use shall not
constitute acceptance of the work or any part thereof by the DDOE.
5. Status Reporting The selected vendor will be required to lead and/or
participate in status meetings and submit status reports covering such
items as progress of work being performed, milestones attained, resources
expended, problems encountered and corrective action taken, until final
system acceptance.
6. Regulations All equipment, software and services must meet all
applicable local, State and Federal regulations in affect on the date of the
contract.
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STATE OF DELAWARE
7. Changes No alterations in any terms, conditions, delivery, price, quality,
or specifications of items ordered will be effective without the written
consent of the DDOE.
8. Purchase Orders Agencies that are part of the First State Financial
(FSF) system are required to identify the contract number on all Purchase
Orders (P.O.) and shall complete the same when entering P.O. information
in the States financial reporting system.
9. Additional Terms and Conditions The DDOE reserves the right to add
terms and conditions during the contract negotiations.
bb. Assignment of Antitrust Claims
As consideration for the award and execution of this contract by the State, the
Vendor hereby grants, conveys, sells, assigns, and transfers to the State of
Delaware all of its right, title and interest in and to all known or unknown causes
of action it presently has or may now or hereafter acquire under the antitrust laws
of the United States and the State of Delaware, regarding the specific goods or
services purchased or acquired for the State pursuant to this contract. Upon
either the States or the Vendor notice of the filing of or reasonable likelihood of
filing of an action under the antitrust laws of the United States or the State of
Delaware, the State and Vendor shall meet and confer about coordination of
representation in such action.
cc. Technology Standards
The selected vendor shall be responsible for the professional quality, technical
accuracy, timely completion, and coordination of all services furnished by it, its
subcontractors and its and their principals, officers, employees and agents under
this Agreement. Vendor shall provide system diagrams in accordance with State
Architecture requirements at
http://state.extranet.dti.state.de.us/documents/SystemArchitectureStandard.pdf .
In performing the specified services, Vendor shall follow practices consistent with
generally accepted professional and technical standards. Vendor shall be
responsible for ensuring that all services, products and deliverables furnished
pursuant to this Agreement comply with the standards promulgated by the
Department of Technology and Information ("DTI") published at
http://dti.delaware.gov/information/standards-policies.shtml, and as modified from
time to time by DTI during the term of this Agreement. Vendor will integrate all
delivered services and systems with the DDOE Identity Management System and
Single-Sign On system. If any service, product or deliverable furnished pursuant
to this Agreement does not conform with DTI standards, Vendor shall, at its
expense and option either (1) replace it with a conforming equivalent or (2)
modify it to conform with DTI standards. Vendor shall be and remain liable in
accordance with the terms of this Agreement and applicable law for all damages
to DDOE caused by Vendors failure to ensure compliance with DTI standards.
E. RFP Miscellaneous Information
1. No Press Releases or Public Disclosure
The DDOE reserves the right to pre-approve any news or broadcast advertising
releases concerning this solicitation, the resulting contract, the work performed, or
any reference to the DDOE with regard to any project or contract performance. Any
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STATE OF DELAWARE
such news or advertising releases pertaining to this solicitation or resulting contract
shall require the prior express written permission of the DDOE.
The State will not prohibit or otherwise prevent the awarded vendor(s) from direct
marketing to the State of Delaware agencies, departments, municipalities, and/or any
other political subdivisions; however, the Vendor shall not use the States seal or
imply preference for the solution or goods provided.
2. Definitions of Requirements
To prevent any confusion about identifying requirements in this RFP, the following
definition is offered: The words shall, will and/or must are used to designate a
mandatory requirement. Vendors must respond to all mandatory requirements
presented in the RFP. Failure to respond to a mandatory requirement may cause
the disqualification of your proposal.
3. Production Environment Requirements
The DDOE requires that all hardware, system software products, and application
software products included in proposals be currently in use in a production
environment by at least three other customers, have been in use for at least six
months, and have been generally available from the manufacturers for a period of six
months. Unreleased or beta test hardware, system software, or application software
will not be acceptable.
F. Attachments
The following attachments and appendixes shall be considered part of the solicitation:
Attachment 1 No Proposal Reply Form

Attachment 2 Non-Collusion Statement
Attachment 3 Exceptions
Attachment 4 Confidentiality and Proprietary Information
Attachment 5 Business References
Attachment 6 Subcontractor Information Form
Attachment 7 Monthly Usage Report
Attachment 8 Subcontracting (2nd Tier Spend) Report
Attachment 9 Employing Delawareans Report
Attachment 10 Office of Supplier Diversity Application
Attachment 11 DDOEs Standard Contract Template
[balance of page is intentially left blank]
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IMPORTANT PLEASE NOTE
Attachments 2, 3, 4, 5 and 9 must be included in your proposal

Attachment 6 must be included in your proposal if subcontractors will be involved
Attachments 7 and 8 represent required reporting on the part of awarded vendors. Those
bidders receiving an award will be provided with active spreadsheets for reporting.
REQUIRED REPORTING
One of the primary goals in administering this contract is to keep accurate records regarding its
actual value/usage. This information is essential in order to update the contents of the contract
and to establish proper bonding levels if they are required. The integrity of future contracts
revolves around our ability to convey accurate and realistic information to all interested parties.
A complete and accurate Usage Report (Attachment 7) shall be furnished in an Excel
format and submitted electronically, no later than the 15th (or next business day after the
15th day) of each month, detailing the purchasing of all items on this contract. The reports
shall be submitted and sent as an attachment to Insert DOE Program contact persons
email here. Submitted reports shall contain accurate descriptions of the products, goods or
services procured, purchasing agency information, including the six-digit department and
organization code, quantities procured and prices paid. Any exception to this mandatory
requirement or failure to submit complete reports, or in the format required, may result in
corrective action, up to and including the possible cancellation of the award. Failure to
provide the report with the minimum required information may also negate any contract
extension clauses. Additionally, Vendors who are determined to be in default of this
mandatory report requirement may have such conduct considered against them, in
assessment of responsibility, in the evaluation of future proposals.
In accordance with Executive Order 44, the State of Delaware is committed to supporting its
diverse business industry and population. The successful Vendor will be required to accurately
report on the participation by Diversity Suppliers which includes: minority (MBE), woman
(WBE), veteran owned business (VOBE), or service disabled veteran owned business
(SDVOBE) under this awarded contract. The reported data elements shall include but not be
limited to; name of state contract/project, the name of the Diversity Supplier, Diversity Supplier
contact information (phone, email), type of product or service provided by the Diversity Supplier
and any minority, women, veteran, or service disabled veteran certifications for the
subcontractor (State OSD certification, Minority Supplier Development Council, Womens
Business Enterprise Council, VetBiz.gov). The format used for Subcontracting 2nd Tier report is
shown as in Attachment 8.
Accurate 2nd tier reports shall be submitted to the contracting Agencys Office of Supplier
Diversity at vendorusage@state.de.us on the 15th (or next business day) of the month
following each quarterly period. For consistency quarters shall be considered to end the last
day of March, June, September and December of each calendar year. Contract spend
during the covered periods shall result in a report even if the contract has expired by the
report due date.
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STATE OF DELAWARE
Attachment 1
NO PROPOSAL REPLY FORM
Contract No. DOE RFP # 2017-06
Contract Title: Facilities Condition

Evaluation
To assist us in obtaining good competition on our Request for Proposals, we ask that each firm that
has received a proposal, but does not wish to bid, state their reason(s) below and return in a clearly
marked envelope displaying the contract number. This information will not preclude receipt of
future invitations unless you request removal from the Vendor's List by so indicating below, or do
not return this form or bona fide proposal.
Unfortunately, we must offer a "No Proposal" at this time because:
1.
We do not wish to participate in the proposal process.
2.
We do not wish to bid under the terms and conditions of the Request for Proposal
document. Our objections are:
3.
We do not feel we can be competitive.
4.
We cannot submit a Proposal because of the marketing or franchising policies of the

manufacturing company.
5.
We do not wish to sell to the State. Our objections are:
6.
We do not sell the items/services on which Proposals are requested.
7.
Other:___________________________________________________________________
FIRM NAME
SIGNATURE
We wish to remain on the Vendor's List for these goods or services.

We wish to be deleted from the Vendor's List for these goods or services.
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STATE OF DELAWARE
Attachment 2
CONTRACT NO.:
CONTRACT TITLE:
OPENING DATE:
DOE RFP # 2017-06

Facilities Condition Evaluation
December 13, 2016 at 3:00 PM (Local Time)
NON-COLLUSION STATEMENT
This is to certify that the undersigned Vendor has neither directly nor indirectly, entered into any agreement, participated in any collusion or otherwise
taken any action in restraint of free competitive bidding in connection with this proposal, and further certifies that it is not a sub-contractor to
another Vendor who also submitted a proposal as a primary Vendor in response to this solicitation submitted this date to the State of Delaware
Department of Education
It is agreed by the undersigned Vendor that the signed delivery of this bid represents the Vendors acceptance of the terms and conditions of this
solicitation including all specifications and special provisions.
NOTE: Signature of the authorized representative MUST be of an individual who legally may enter his/her organization into a formal contract with the
State of Delaware Department of Education.
COMPANY NAME __________________________________________________________________(Check one)
Corporation
Partnership
Individual
NAME OF AUTHORIZED REPRESENTATIVE

(Please type or print)
SIGNATURE
TITLE
COMPANY ADDRESS
PHONE NUMBER
EMAIL ADDRESS
FAX NUMBER
______________________________
STATE OF DELAWARE
LICENSE NUMBER_____________________________
FEDERAL E.I. NUMBER
Certification type(s)
COMPANY
CLASSIFICATIONS:
CERT. NO.:
__________________
Minority Business Enterprise (MBE)

Woman Business Enterprise (WBE)
Disadvantaged Business Enterprise (DBE)
Veteran Owned Business Enterprise (VOBE)
Service Disabled Veteran Owned Business Enterprise (SDVOBE)
Circle all that

apply
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
[The above table is for informational and statistical use only.]

PURCHASE ORDERS SHOULD BE SENT TO:
(COMPANY NAME)
ADDRESS
CONTACT
PHONE NUMBER
FAX NUMBER
EMAIL ADDRESS
AFFIRMATION: Within the past five years, has your firm, any affiliate, any predecessor company or entity, owner,
Director, officer, partner or proprietor been the subject of a Federal, State, Local government suspension or debarment?
YES
NO
if yes, please explain
THIS PAGE SHALL HAVE ORIGINAL SIGNATURE, BE NOTARIZED AND BE RETURNED WITH YOUR PROPOSAL
SWORN TO AND SUBSCRIBED BEFORE ME this ________ day of
Notary Public
City of
20 __________
My commission expires
County of
State of
29
STATE OF DELAWARE
Attachment 3
Contract Title: Facilities Condition Evaluation
EXCEPTION FORM
Proposals must include all exceptions to the specifications, terms or conditions contained in this RFP.
If the vendor is submitting the proposal without exceptions, please state so below.
By checking this box, the Vendor acknowledges that they take no exceptions to the
specifications, terms or conditions found in this RFP.
Paragraph #
and Page #
Exceptions to Specifications,
Terms or Conditions
Note: use additional pages as necessary.
30
Proposed Alternative
STATE OF DELAWARE
Attachment 4
CONFIDENTIAL INFORMATION FORM
By checking this box, the Vendor acknowledges that they are not providing any information they
declare to be confidential or proprietary for the purpose of production under 29 Del. C. ch. 100,
Delaware Freedom of Information Act.
Confidentiality and Proprietary Information
Note: use additional pages as necessary.
31
STATE OF DELAWARE
Attachment 5
BUSINESS REFERENCES
List a minimum of three business references, including the following information:
Business name and mailing address
Contact name and phone number
Number of years doing business with
Type of work performed
Please do not list any State Employee as a business reference. If you have held a State contract within the last 5
years, please provide a separate list of the contract(s).
1.
Contact Name & Title:

Business Name:
Address:
Email:
Phone # / Fax #:
Current Vendor (YES or NO):
Years Associated & Type of
Work Performed:
2.

Business Name:
Address:
Email:
Phone # / Fax #:
Work Performed:
3.

Business Name:
Address:
Email:
Phone # / Fax #:
Work Performed:
STATE OF DELAWARE PERSONNEL MAY NOT BE USED AS REFERENCES.
32
STATE OF DELAWARE
Attachment 6
SUBCONTRACTOR INFORMATION FORM
PART I STATEMENT BY PROPOSING VENDOR
1. CONTRACT NO.
2. Proposing Vendor Name:
3. Mailing Address
DOE RFP # 2017-06
4. SUBCONTRACTOR
a. NAME
4c. Company OSD Classification:

Certification Number: _____________________
b. Mailing Address:
4d. Women Business Enterprise
4e. Minority Business Enterprise
4f. Disadvantaged Business Enterprise
4g. Veteran Owned Business Enterprise
4h. Service Disabled Veteran Owned
Business Enterprise
5. DESCRIPTION OF WORK BY SUBCONTRACTOR
6a. NAME OF PERSON SIGNING
7. BY (Signature)
8. DATE SIGNED
6b. TITLE OF PERSON SIGNING
PART II ACKNOWLEDGEMENT BY SUBCONTRACTOR

9a. NAME OF PERSON SIGNING
10. BY (Signature)
9b. TITLE OF PERSON SIGNING
* Use a separate form for each subcontractor
33
11. DATE SIGNED
Yes
Yes
Yes
Yes
No
No
No
No
Yes
No
STATE OF DELAWARE
Attachment 7
STATE OF DELAWARE
MONTHLY USAGE REPORT
SAMPLE REPORT - FOR ILLUSTRATION PURPOSES ONLY
State of Delaware
Monthly Usage Report
Supplier Name:
Contact Name:
Contact Phone:
Agency Name or School
District
Enter Contract No.

Division
or Name
of School
Budget
Code
UNSPSC
Item Description
Report Start Date:

Report End Date:
Todays Date:
Contract
Item
Number
Unit of
Measure
Qty
Contract
Proposal
Price/Rate
Total
Spend
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Note: A copy of the Usage Report will be sent by electronic mail to the Awarded Vendor. The report shall be submitted electronically in EXCEL
and sent as an attachment to KarenField.Rogers@doe.k12.de.us. It shall contain the six-digit department and organization code for each agency
and school district.
34
STATE OF DELAWARE
Attachment 8
SAMPLE REPORT - FOR ILLUSTRATION PURPOSES ONLY
State of Delaware
Subcontracting (2nd tier) Quarterly Report
Prime Name:
Report Start Date:
Contract Name/Number
Report End Date:
Contact Name:
Today's Date:
Contact Phone:
Vendor
Name*
Vendor
TaxID*
*Minimum Required
Contract
Name/
Number*
Vendor
Contact
Name*
Vendor
Contact
Phone*
Report
Start
Date*
Report
End
Date*
Work
Amount Paid to Performed by
Subcontractor* Subcontractor
UNSPSC
Requested detail
M/WBE
Certifying
Agency
Veteran
/Service
Disabled
Veteran
Certifying
Agency
2nd tier
Supplier
Name
2nd tier
Supplier
Address
2nd tier
Supplier
Phone
Number
2nd tier
Supplier
email
Note: A copy of the Subcontracting Quarterly Report will be sent by electronic mail to the Awarded Vendor.
Completed reports shall be saved in an Excel format, and submitted to the following email address: vendorusage@state.de.us
35
Description
of Work
Performed
2nd
tier
Sup
plier
Tax
Id
STATE OF DELAWARE
Attachment 9
EMPLOYING DELAWAREANS REPORT

As required by House Bill # 410 (Bond Bill) of the 146th General Assembly and under
Section 30, No bid for any public works or professional services contract shall be
responsive unless the prospective bidder discloses its reasonable, good-faith
determination of:
1. Number of employees reasonable anticipated to be employed on the project:
___________
2. Number and percentage of such employees who are bona fide legal residents of
Delaware: ______
Percentage of such employees who are bona fide legal residents of Delaware:
_____
3. Total number of employees of the bidder: _____________________
4. Total percentage of employees who are bona fide residents of Delaware:
__________
If subcontractors are to be used:
1. Number of employees who are residents of Delaware: ______________
2. Percentage of employees who are residents of Delaware: ___________
Bona fide legal resident of this State shall mean any resident who has established
residence of at least 90 days in the State.
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STATE OF DELAWARE
Attachment 10
State of Delaware
Office of Supplier Diversity
Certification Application
The most recent application can be downloaded from the following site:
http://gss.omb.delaware.gov/osd/certify.shtml
Submission of a completed Office of Supplier Diversity (OSD) application
is optional and does not influence the outcome of any award decision.
The minimum criteria for certification require the entity must be at least
51% owned and actively managed by a person or persons who are
eligible: minorities, women, veterans, and/or service disabled veterans.
Any one or all of these categories may apply to a 51% owner.
Complete application and mail, email or fax to:

Office of Supplier Diversity (OSD)
100 Enterprise Place, Suite 4
Dover, DE 19904-8202
Telephone: (302) 857-4554 Fax: (302) 677-7086
Email: osd@state.de.us
Web site: http://gss.omb.delaware.gov/osd/index.shtml
THE OSD ADDRESS IS FOR OSD APPLICATIONS ONLY.
NO BID RESPONSE PACKAGES WILL BE ACCEPTED BY THE OSD.
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STATE OF DELAWARE
Attachment 11
DOE CONTRACT TEMPLATE
Insert Title and RFP#
This Agreement (Agreement) is effective only upon the execution of a State of
Delaware Purchase Order and will end on insert end date, 20__, by and between the
State of Delaware, Department of Education, hereafter referred to as DDOE, and Vendor
Name, hereafter referred to as
WHEREAS, DDOE desires to obtain certain services to insert description of
services; and
WHEREAS, VENDOR NAME desires to provide such services to DDOE on the
terms set forth below;
WHEREAS, DDOE and VENDOR NAME represent and warrant that each party
has full right, power and authority to enter into and perform under this Agreement;
FOR AND IN CONSIDERATION OF the premises and mutual agreements herein,
DDOE and VENDOR NAME agree as follows:
1.
Services.
1.1 VENDOR NAME shall perform for DDOE the services specified in the
Appendices to this Agreement, attached hereto and made a part hereof.
1.2 Any conflict or inconsistency between the provisions of the following
documents shall be resolved by giving precedence to such documents in the
following order: (a) this Agreement (including any amendments or modifications
thereto); (b) DDOEs request for proposals, attached hereto as Appendix___; and
(c) VENDOR NAMEs response to the request for proposals, attached hereto as
Appendix ___. The aforementioned documents are specifically incorporated into
this Agreement and made a part hereof.
1.3 DDOE may, at any time, by written order, make changes in the scope of this
Agreement and in the services or work to be performed. No services for which
additional compensation may be charged by VENDOR NAME shall be furnished
without the written authorization of DDOE. When DDOE desires any addition or
deletion to the deliverables or a change in the Services to be provided under this
Agreement, it shall notify VENDOR NAME, who shall then submit to DDOE a
"Change Order" for approval authorizing said change. The Change Order shall
state whether the change shall cause an alteration in the price or the time required
by VENDOR NAME for any aspect of its performance under this Agreement.
Pricing of changes shall be consistent with those established within this
Agreement.
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STATE OF DELAWARE
1.4 VENDOR NAME will not be required to make changes to its scope of work
that result in VENDOR NAMEs costs exceeding the current unencumbered
budgeted appropriations for the services. Any claim of either party for an
adjustment under Section 1 of this Agreement shall be asserted in the manner
specified in the writing that authorizes the adjustment.
2.
Payment for Services and Expenses.

2.1 The term of the initial contract shall be from the execution of this agreement
and a State of Delaware Purchase Order through _________________, 20___.
2.2 DDOE will pay VENDOR NAME for the performance of services described in
Appendix A, Statement of Work. The fee will be paid in accordance with the
payment schedule attached hereto as part of Appendix___.
2.3 DDOEs obligation to pay VENDOR NAME for the performance of services
described in Appendix A, Statement of Work will not exceed the fixed fee amount
of $ __________. It is expressly understood that the work defined in the
appendices to this Agreement must be completed by VENDOR NAME and it shall
be VENDOR NAMEs responsibility to ensure that hours and tasks are properly
budgeted so that all services are completed for the agreed upon fixed fee. DDOEs
total liability for all charges for services that may become due under this Agreement
is limited to the total maximum expenditure(s) authorized in DDOEs purchase
order(s) to VENDOR NAME.
2.4 VENDOR NAME shall submit monthly invoices to DDOE in sufficient detail
to support the services provided during the previous month. DDOE agrees to
pay those invoices within thirty (30) days of receipt. In the event DDOE disputes
a portion of an invoice, DDOE agrees to pay the undisputed portion of the invoice
within thirty (30) days of receipt and to provide VENDOR NAME a detailed
statement of DDOEs position on the disputed portion of the invoice within thirty
(30) days of receipt. DDOEs failure to pay any amount of an invoice that is not
the subject of a good-faith dispute within thirty (30) days of receipt shall entitle
VENDOR NAME to charge interest on the overdue portion at no more than 1.0%
per month or 12% per annum. All payments should be sent to VENDOR NAME,
VENDOR ADDRESS.
2.5 Unless provided otherwise in an Appendix, all expenses incurred in the
performance of the services are to be paid by VENDOR NAME. If an Appendix
specifically provides for expense reimbursement, VENDOR NAME shall be
reimbursed only for reasonable expenses incurred by VENDOR NAME in the
performance of the services, including, but not necessarily limited to, travel and
lodging expenses, communications charges, and computer time and supplies.
2.6 DDOE is a sovereign entity, and shall not be liable for the payment of
Federal, State and local sales, use and excise taxes, including any interest and
39
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STATE OF DELAWARE
penalties from any related deficiency, which may become due and payable as a
consequence of this Agreement.
2.7 DDOE shall subtract from any payment made to VENDOR NAME all
damages, costs and expenses caused by VENDOR NAMEs negligence, resulting
from or arising out of errors or omissions in VENDOR NAMEs work products,
which have not been previously paid to VENDOR NAME.
2.8
3.
Invoices shall be submitted to:
Responsibilities of VENDOR NAME.

3.1 VENDOR NAME shall be responsible for the professional quality, technical
accuracy, timely completion, and coordination of all services furnished by
VENDOR NAME, its subcontractors and its and their principals, officers,
employees and agents under this Agreement. In performing the specified services,
VENDOR NAME shall follow practices consistent with generally accepted
professional and technical standards. VENDOR NAME shall be responsible for
ensuring that all services, products and deliverables furnished pursuant to this
Agreement comply with the standards promulgated by the Department of
Technology and Information ("DTI") published at http://dti.delaware.gov/ and as
modified from time to time by DTI during the term of this Agreement. If any service,
product or deliverable furnished pursuant to this Agreement does not conform with
DTI standards, VENDOR NAME shall, at its expense and option either (1) replace
it with a conforming equivalent or (2) modify it to conform with DTI standards.
VENDOR NAME shall be and remain liable in accordance with the terms of this
Agreement and applicable law for all damages to DDOE caused by VENDOR
NAMEs failure to ensure compliance with DTI standards.
3.2 It shall be the duty of the VENDOR NAME to assure that all products of its
effort are technically sound and in conformance with all pertinent Federal, State
and Local statutes, codes, ordinances, resolutions and other regulations.
VENDOR NAME will not produce a work product that violates or infringes on any
copyright or patent rights. VENDOR NAME shall, without additional compensation,
correct or revise any errors or omissions in its work products.
3.3 Permitted or required approval by DDOE of any products or services
furnished by VENDOR NAME shall not in any way relieve VENDOR NAME of
responsibility for the professional and technical accuracy and adequacy of its work.
DDOEs review, approval, acceptance, or payment for any of VENDOR NAMEs
services herein shall not be construed to operate as a waiver of any rights under
this Agreement or of any cause of action arising out of the performance of this
Agreement, and VENDOR NAME shall be and remain liable in accordance with
the terms of this Agreement and applicable law for all damages to DDOE caused
by VENDOR NAMEs performance or failure to perform under this Agreement.
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STATE OF DELAWARE
3.4 VENDOR NAME shall appoint a Project Manager who will manage the
performance of services. All of the services specified by this Agreement shall be
performed by the Project Manager, or by VENDOR NAMEs associates and
employees under the personal supervision of the Project Manager. The positions
anticipated include:
Project
Team
Title
% of Project Involvement
3.5 Designation of persons for each position is subject to review and approval by
DDOE. Should the staff need to be diverted off the project for what are now
unforeseeable circumstances, VENDOR NAME will notify DDOE immediately and
work out a transition plan that is acceptable to both parties, as well as agree to an
acceptable replacement plan to fill or complete the work assigned to this project
staff position. Replacement staff persons are subject to review and approval by
DDOE. If VENDOR NAME fails to make a required replacement within 30 days,
DDOE may terminate this Agreement for default. Upon receipt of written notice
from DDOE that an employee of VENDOR NAME is unsuitable to DDOE for good
cause, VENDOR NAME shall remove such employee from the performance of
services and substitute in his/her place a suitable employee.
3.6 VENDOR NAME shall furnish to DDOEs designated representative copies
of all correspondence to regulatory agencies for review prior to mailing such
correspondence.
3.7 VENDOR NAME agrees that its officers and employees will cooperate with
DDOE in the performance of services under this Agreement and will be available
for consultation with DDOE at such reasonable times with advance notice as to not
conflict with their other responsibilities.
3.8 VENDOR NAME has or will retain such employees as it may need to perform
the services required by this Agreement. Such employees shall not be employed
by the State of Delaware or any other political subdivision of the State.
3.9 VENDOR NAME will not use DDOEs name, either express or implied, in any
of its advertising or sales materials without DDOEs express written consent.
3.10 The rights and remedies of DDOE provided for in this Agreement are in
addition to any other rights and remedies provided by law.
4.
Time Schedule.
4.1
A project schedule is included in Appendix A.
4.2 Any delay of services or change in sequence of tasks must be approved in

writing by DDOE.
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STATE OF DELAWARE
4.3 In the event that VENDOR NAME fails to complete the project or any phase
thereof within the time specified in the Contract, or with such additional time as
may be granted in writing by DDOE, or fails to prosecute the work, or any separable
part thereof, with such diligence as will insure its completion within the time
specified in this Agreement or any extensions thereof, DDOE shall suspend the
payments scheduled as set forth in Appendix A.
5.
State Responsibilities.
5.1 In connection with VENDOR NAME's provision of the Services, DDOE shall
perform those tasks and fulfill those responsibilities specified in the appropriate
Appendices.
5.2 DDOE agrees that its officers and employees will cooperate with VENDOR
NAME in the performance of services under this Agreement and will be available
for consultation with VENDOR NAME at such reasonable times with advance
notice as to not conflict with their other responsibilities.
5.3 The services performed by VENDOR NAME under this Agreement shall be
subject to review for compliance with the terms of this Agreement by DDOEs
designated representatives. DDOE representatives may delegate any or all
responsibilities under the Agreement to appropriate staff members, and shall so
inform VENDOR NAME by written notice before the effective date of each such
delegation.
5.4 The review comments of DDOEs designated representatives may be
reported in writing as needed to VENDOR NAME. It is understood that DDOEs
representatives review comments do not relieve VENDOR NAME from the
responsibility for the professional and technical accuracy of all work delivered
under this Agreement.
5.5 DDOE shall, without charge, furnish to or make available for examination or
use by VENDOR NAME as it may request, any data which DDOE has available,
including as examples only and not as a limitation:
a. Copies of reports, surveys, records, and other pertinent documents;
b. Copies of previously prepared reports, job specifications, surveys,
records, ordinances, codes, regulations, other document, and
information related to the services specified by this Agreement.
VENDOR NAME shall return any original data provided by DDOE.
5.6 DDOE shall assist VENDOR NAME in obtaining data on documents from
public officers or agencies and from private citizens and business firms whenever
such material is necessary for the completion of the services specified by this
Agreement.
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STATE OF DELAWARE
5.7 VENDOR NAME will not be responsible for accuracy of information or data supplied by DDOE or
other sources to the extent such information or data would be relied upon by a reasonably prudent
contractor.
5.8 DDOE agrees not to use VENDOR NAMEs name, either express or implied, in any of its advertising
or sales materials. VENDOR NAME reserves the right to reuse the nonproprietary data and the analysis
of industry-related information in its continuing analysis of the industries covered.
6.
Work Product.
6.1 All materials, information, documents, and reports, whether finished, unfinished, or draft,
developed, prepared, completed, or acquired by VENDOR NAME for DDOE relating to the services to
be performed hereunder shall become the property of DDOE and shall be delivered to DDOEs
designated representative upon completion or termination of this Agreement, whichever comes first.
VENDOR NAME shall not be liable for damages, claims, and losses arising out of any reuse of any work
products on any other project conducted by DDOE. DDOE shall have the right to reproduce all
documentation supplied pursuant to this Agreement.
6.2 VENDOR NAME retains all title and interest to the data it furnished and/or generated pursuant to
this Agreement. Retention of such title and interest does not conflict with DDOEs rights to the materials,
information and documents developed in performing the project. Upon final payment, DDOE shall have
a perpetual, nontransferable, non-exclusive paid-up right and license to use, copy, modify and prepare
derivative works of all materials in which VENDOR NAME retains title, whether individually by VENDOR
NAME or jointly with DDOE. Any and all source code developed in connection with the services provided
will be provided to DDOE, and the aforementioned right and license shall apply to source code. The
parties will cooperate with each other and execute such other documents as may be reasonably deemed
necessary to achieve the objectives of this Section.
6.3 In no event shall VENDOR NAME be precluded from developing for itself, or for others, materials
that are competitive with the Deliverables, irrespective of their similarity to the Deliverables. In addition,
VENDOR NAME shall be free to use its general knowledge, skills and experience, and any ideas,
concepts, know-how, and techniques within the scope of its consulting practice that are used in the course
of providing the services.
6.4
Notwithstanding anything to the contrary contained herein or in any attachment hereto, any and all
intellectual property or other proprietary data owned by VENDOR NAME prior to the effective date of this
Agreement (Preexisting Information) shall remain the exclusive property of VENDOR NAME even if such
Preexisting Information is embedded or otherwise incorporated into materials or products first produced as
a result of this Agreement or used to develop such materials or products. DDOEs rights under this section
shall not apply to any Preexisting Information or any component thereof regardless of form or media.
7.
Confidential Information.
To the extent permissible under 29 Del. C. 10001, et seq., the parties to this Agreement shall preserve
in strict confidence any information, reports or documents obtained, assembled or prepared in connection
with the performance of this Agreement.
8.
Warranty.
8.1 VENDOR NAME warrants that its services will be performed in a good and workmanlike manner.
VENDOR NAME agrees to re-perform any work not in compliance with this warranty brought to its
attention within a reasonable time after that work is performed.
43
STATE OF DELAWARE
8.2 Third-party products within the scope of this Agreement are warranted solely under the terms and
conditions of the licenses or other agreements by which such products are governed. With respect to all
third-party products and services purchased by VENDOR NAME for DDOE in connection with the
provision of the Services, VENDOR NAME shall pass through or assign to DDOE the rights VENDOR
NAME obtains from the manufacturers and/or vendors of such products and services (including warranty
and indemnification rights), all to the extent that such rights are assignable.
9.
Indemnification; Limitation of Liability.

9.1 VENDOR NAME shall indemnify and hold harmless the State, its agents and employees, from any
and all liability, suits, actions or claims, together with all reasonable costs and expenses (including
attorneys fees) directly arising out of (A) the negligence or other wrongful conduct of the VENDOR
NAME, its agents or employees, or (B) VENDOR NAMEs breach of any material provision of this
Agreement not cured after due notice and opportunity to cure, provided as to (A) or (B) that (i) VENDOR
NAME shall have been notified promptly in writing by DDOE of any notice of such claim; and (ii) VENDOR
NAME shall have the sole control of the defense of any action on such claim and all negotiations for its
settlement or compromise.
9.2 If DDOE promptly notifies VENDOR NAME in writing of a third party claim against DDOE that any
Deliverable infringes a copyright or a trade secret of any third party, VENDOR NAME will defend such
claim at its expense and will pay any costs or damages that may be finally awarded against DDOE.
VENDOR NAME will not indemnify DDOE, however, if the claim of infringement is caused by (1) DDOEs
misuse or modification of the Deliverable; (2) DDOEs failure to use corrections or enhancements made
available by VENDOR NAME; (3) DDOEs use of the Deliverable in combination with any product or
information not owned or developed by VENDOR NAME; (4) DDOEs distribution, marketing or use for
the benefit of third parties of the Deliverable or (5) information, direction, specification or materials
provided by Client or any third party. If any Deliverable is, or in VENDOR NAME's opinion is likely to be,
held to be infringing, VENDOR NAME shall at its expense and option either (a) procure the right for DDOE
to continue using it, (b) replace it with a noninfringing equivalent, (c) modify it to make it noninfringing.
The foregoing remedies constitute DDOEs sole and exclusive remedies and VENDOR NAME's entire
liability with respect to infringement.
9.3
DDOE agrees that VENDOR NAME' total liability to DDOE for any and all damages whatsoever
arising out of or in any way related to this Agreement from any cause, including but not limited to contract
liability or VENDOR NAME negligence, errors, omissions, strict liability, breach of contract or breach of
warranty shall not, in the aggregate, exceed fees paid to VENDOR NAME.
In no event shall VENDOR NAME be liable for special, indirect, incidental, economic, consequential or
punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of
technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof
regardless of the legal theory under which such damages are sought, and even if VENDOR NAME has
been advised of the likelihood of such damages.
10.
Employees.
10.1 VENDOR NAME has and shall retain the right to exercise full control over the employment,
direction, compensation and discharge of all persons employed by VENDOR NAME in the performance
of the services hereunder; provided, however, that it will, subject to scheduling and staffing
considerations, attempt to honor DDOEs request for specific individuals.
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10.2 Except as the other party expressly authorizes in writing in advance, neither party shall solicit, offer
work to, employ, or contract with, whether as a partner, employee or independent contractor, directly or
indirectly, any of the other partys Personnel during their participation in the services or during the twelve
(12) months thereafter. For purposes of this Section 10.2, Personnel includes any individual or
company a party employs as a partner, employee or independent contractor and with which a party
comes into direct contact in the course of the services.
10.3 Possession of a Security Clearance, as issued by the Delaware Department of Public Safety, may
be required of any employee of VENDOR NAME who will be assigned to this project.
11.
Independent Contractor.
11.1 It is understood that in the performance of the services herein provided for, VENDOR NAME shall
be, and is, an independent contractor, and is not an agent or employee of DDOE and shall furnish such
services in its own manner and method except as required by this Agreement. VENDOR NAME shall be
solely responsible for, and shall indemnify, defend and save DDOE harmless from all matters relating to
the payment of its employees, including compliance with social security, withholding and all other wages,
salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
11.2 VENDOR NAME acknowledges that VENDOR NAME and any subcontractors, agents or
employees employed by VENDOR NAME shall not, under any circumstances, be considered employees
of DDOE, and that they shall not be entitled to any of the benefits or rights afforded employees of DDOE,
including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System
benefits, or health, life, dental, long-term disability or Workers Compensation insurance benefits. DDOE
will not provide or pay for any liability or medical insurance, retirement contributions or any other benefits
for or on behalf of DDOE or any of its officers, employees or other agents.
11.3 VENDOR NAME shall be responsible for providing liability insurance for its personnel.
11.4 As an independent contractor, VENDOR NAME has no authority to bind or commit DDOE. Nothing
herein shall be deemed or construed to create a joint venture, partnership, fiduciary or agency
relationship between the parties for any purpose.
12.
Suspension.
12.1 DDOE may suspend performance by VENDOR NAME under this Agreement for such period of
time as DDOE, at its sole discretion, may prescribe by providing written notice to VENDOR NAME at
least 30 working days prior to the date on which DDOE wishes to suspend. Upon such suspension,
DDOE shall pay VENDOR NAME its compensation, based on the percentage of the project completed
and earned until the effective date of suspension, less all previous payments. VENDOR NAME shall not
perform further work under this Agreement after the effective date of suspension until receipt of written
notice from DDOE to resume performance.
12.2 In the event DDOE suspends performance by VENDOR NAME for any cause other than the error
or omission of the VENDOR NAME, for an aggregate period in excess of 30 days, VENDOR NAME shall
be entitled to an equitable adjustment of the compensation payable to VENDOR NAME under this
Agreement to reimburse VENDOR NAME for additional costs occasioned as a result of such suspension
of performance by DDOE based on appropriated funds and approval by DDOE.
13.
Termination.
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13.1 This Agreement may be terminated in whole or in part by either party in the event of substantial
failure of the other party to fulfill its obligations under this Agreement through no fault of the terminating
party; but only after the other party is given:
a.
b.
Not less than 30 calendar days written notice of intent to terminate; and
An opportunity for consultation with the terminating party prior to termination.
13.2 This Agreement may be terminated in whole or in part by DDOE for its convenience, but only after
VENDOR NAME is given:
a.
b.
Not less than 30 calendar days written notice of intent to terminate; and
An opportunity for consultation with DDOE prior to termination.
13.3 If termination for default is effected by DDOE, DDOE will pay VENDOR NAME that portion of the
compensation which has been earned as of the effective date of termination but:
a.
b.
c.
No amount shall be allowed for anticipated profit on performed or unperformed services

or other work, and
Any payment due to VENDOR NAME at the time of termination may be adjusted to the
extent of any additional costs occasioned to DDOE by reason of VENDOR NAMEs
default.
Upon termination for default, DDOE may take over the work and prosecute the same to
completion by agreement with another party or otherwise. In the event VENDOR NAME
shall cease conducting business, DDOE shall have the right to make an unsolicited offer
of employment to any employees of VENDOR NAME assigned to the performance of the
Agreement, notwithstanding the provisions of Section 10.2.
13.4 If after termination for failure of VENDOR NAME to fulfill contractual obligations it is determined that
VENDOR NAME has not so failed, the termination shall be deemed to have been effected for the
convenience of DDOE.
13.5 The rights and remedies of DDOE and VENDOR NAME provided in this section are in addition to
any other rights and remedies provided by law or under this Agreement.
13.6 Gratuities.
13.6.1 DDOE may, by written notice to VENDOR NAME, terminate this Agreement if it is found
after notice and hearing by DDOE that gratuities (in the form of entertainment, gifts, or
otherwise) were offered or given by VENDOR NAME or any agent or representative of
VENDOR NAME to any officer or employee of DDOE with a view toward securing a
contract or securing favorable treatment with respect to the awarding or amending or
making of any determinations with respect to the performance of this Agreement.
13.6.2 In the event this Agreement is terminated as provided in 13.6.1 hereof, DDOE shall be
entitled to pursue the same remedies against VENDOR NAME it could pursue in the event
of a breach of this Agreement by VENDOR NAME.
13.6.3 The rights and remedies of DDOE provided in Section 13.6 shall not be exclusive and are
in addition to any other rights and remedies provided by law or under this Agreement.
14.
Severability.
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If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole
of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the
court's opinion to render such term or provision enforceable, and the rights and obligations of the parties
shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and
agreements of the parties herein set forth.
15.
Assignment; Subcontracts.
15.1 Any attempt by VENDOR NAME to assign or otherwise transfer any interest in this Agreement
without the prior written consent of DDOE shall be void. Such consent shall not be unreasonably
withheld.
15.2 Services specified by this Agreement shall not be subcontracted by VENDOR NAME, without
prior written approval of DDOE.
15.3 Approval by DDOE of VENDOR NAMEs request to subcontract or acceptance of or payment for
subcontracted work by DDOE shall not in any way relieve VENDOR NAME of responsibility for the
professional and technical accuracy and adequacy of the work. All subcontractors shall adhere to all
applicable provisions of this Agreement.
15.4 VENDOR NAME shall be and remain liable for all damages to DDOE caused by negligent
performance or non-performance of work under this Agreement by VENDOR NAME, its subcontractor or
its sub-subcontractor.
15.5 The compensation due shall not be affected by DDOEs approval of the VENDOR NAMEs
request to subcontract.
16.
Force Majeure.
Neither party shall be liable for any delays or failures in performance due to circumstances beyond its
reasonable control.
17.
Non-Appropriation of Funds.
17.1 Validity and enforcement of this Agreement is subject to appropriations by the General Assembly
of the specific funds necessary for contract performance. Should such funds not be so appropriated
DDOE may immediately terminate this Agreement, and absent such action this Agreement shall be
terminated as to any obligation of the State requiring the expenditure of money for which no specific
appropriation is available, at the end of the last fiscal year for which no appropriation is available or upon
the exhaustion of funds.
17.2 Notwithstanding any other provisions of this Agreement, this Agreement shall terminate and
DDOEs obligations under it shall be extinguished at the end of the fiscal year in which the State of
Delaware fails to appropriate monies for the ensuing fiscal year sufficient for the payment of all amounts
which will then become due.
18.
State of Delaware Business License.

VENDOR NAME and all subcontractors represent that they are properly licensed and authorized to
transact business in the State of Delaware as provided in 30 Del. C. 2301.
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STATE OF DELAWARE
19.
Complete Agreement.
19.1 This agreement and its Appendices shall constitute the entire agreement between DDOE and
VENDOR NAME with respect to the subject matter of this Agreement and shall not be modified or
changed without the express written consent of the parties. The provisions of this agreement supersede
all prior oral and written quotations, communications, agreements and understandings of the parties with
respect to the subject matter of this Agreement.
19.2 If the scope of any provision of this Agreement is too broad in any respect whatsoever to permit
enforcement to its full extent, then such provision shall be enforced to the maximum extent permitted by
law, and the parties hereto consent and agree that such scope may be judicially modified accordingly
and that the whole of such provisions of the Agreement shall not thereby fail, but the scope of such
provision shall be curtailed only to the extent necessary to conform to the law.
19.3 VENDOR NAME may not order any product requiring a purchase order prior to DDOE's issuance
of such order. Each Appendix, except as its terms otherwise expressly provide, shall be a complete
statement of its subject matter and shall supplement and modify the terms and conditions of this
Agreement for the purposes of that engagement only. No other agreements, representations, warranties
or other matters, whether oral or written, shall be deemed to bind the parties hereto with respect to the
subject matter hereof.
20.
Miscellaneous Provisions.
20.1 In performance of this Agreement, VENDOR NAME shall comply with all applicable Federal, State
and Local laws, ordinances, codes and regulations. VENDOR NAME shall solely bear the costs of
permits and other relevant costs required in the performance of this Agreement.
20.2 Neither this Agreement nor any appendix may be modified or amended except by the mutual
written agreement of the parties. No waiver of any provision of this Agreement shall be effective unless
it is in writing and signed by the party against which it is sought to be enforced.
20.3 The delay or failure by either party to exercise or enforce any of its rights under this Agreement
shall not constitute or be deemed a waiver of that party's right thereafter to enforce those rights, nor shall
any single or partial exercise of any such right preclude any other or further exercise thereof or the
exercise of any other right.
20.4 VENDOR NAME covenants that it presently has no interest and that it will not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services required
to be performed under this Agreement. VENDOR NAME further covenants, to its knowledge and ability,
that in the performance of said services no person having any such interest shall be employed.
20.5 VENDOR NAME acknowledges that DDOE has an obligation to ensure that public funds are not
used to subsidize private discrimination. VENDOR NAME recognizes that if they refuse to hire or do
business with an individual or company due to reasons of race, color, gender, ethnicity, disability, national
origin, age, or any other protected status, DDOE may declare VENDOR NAME in breach of the
Agreement, terminate the Agreement, and designate VENDOR NAME as non-responsible.
20.6 VENDOR NAME warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission, or a percentage,
brokerage or contingent fee. For breach or violation of this warranty, DDOE shall have the right to annul
this contract without liability or at its discretion deduct from the contract price or otherwise recover the full
amount of such commission, percentage, brokerage or contingent fee.
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STATE OF DELAWARE
20.7 This Agreement was drafted with the joint participation of both parties and shall be construed
neither against nor in favor of either, but rather in accordance with the fair meaning thereof.
20.8 VENDOR NAME shall maintain all public records, as defined by 29 Del. C. 502(7), relating to
this Agreement and its deliverables for the time and in the manner specified by the Delaware Division of
Archives, pursuant to the Delaware Public Records Law, 29 Del. C. Ch. 5. During the term of this
Agreement, authorized representatives of DDOE may inspect or audit VENDOR NAMEs performance
and records pertaining to this Agreement at the VENDOR NAME business office during normal
business hours.
21.
Insurance.
21.1
VENDOR NAME shall maintain the following insurance during the term of this Agreement:
A.
Workers Compensation and Employers Liability Insurance in accordance with
applicable law, and
B.
Comprehensive General Liability - $1,000,000.00 per person/$3,000,000 per
occurrence, and
C.
Medical/Professional Liability - $1,000,000.00 per person/$3,000,000 per occurrence; or
D.
Miscellaneous Errors and Omissions - $1,000,000.00 per person/$3,000,000 per

occurrence, or
E.
Automotive Liability Insurance covering all automotive units used in the work with limits
of not less than $100,000 each person and $300,000 each accident as to bodily injury
and $25,000 as to property damage to others.
21.2. VENDOR NAME shall provide forty-five (45) days written notice of cancellation or material
change of any policies.
21.3. Before any work is done pursuant to this Agreement, the Certificate of Insurance and/or copies
of the insurance policies, referencing the contract number stated herein, shall be filed with the State.
The certificate holder is as follows:
401 Federal Street, Suite 2
Dover, DE 19901
21.4. In no event shall the State of Delaware be named as an additional insured on any policy
required under this agreement.
22.
Assignment of Antitrust Claims.

As consideration for the award and execution of this contract by the State, VENDOR NAME hereby grants,
conveys, sells, assigns, and transfers to DDOE all of its right, title and interest in and to all known or unknown
causes of action it presently has or may now or hereafter acquire under the antitrust laws of the United States
and the State of Delaware, relating to the particular goods or services purchased or acquired by the State
pursuant to this contract.
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STATE OF DELAWARE
23.
Surviving Clauses.
The following clauses survive the termination of this Contract: Section 9.
24.
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware,
except where Federal Law has precedence. VENDOR NAME consents to jurisdiction venue in the State
of Delaware.
25.
Notices.
Any and all notices required by the provisions of this Agreement shall be in writing and shall be mailed,
certified or registered mail, return receipt requested. All notices shall be sent to the following addresses:
CONTRACTOR:
(Contractor Name and Address)
DDOE:
David Blowman, Associate Secretary

Financial Management and Operations
John G. Townsend Building
401 Federal Street, Suite 2
Dover, DE 19901
Phone No. (302) 735-4040
Fax No. (302) 739-7768
DOE Certificated Staff coordinating activity:
___________________________________
Next Page for Signatures.
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STATE OF DELAWARE
IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be duly executed as of the
date and year first above written.
(Name of Contractor)
(Official of Contractor)
Project Manager
Associate Secretary, (or Designee) Date

Financial Management and Operations
Date
Initial Finance Director
(Official of Contractor)
Principal Investigator
Branch Associate Secretary
Date
Date
Initial Work Group

Director
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Date
STATE OF DELAWARE
APPENDIX A
MINIMUM MANDATORY SUBMISSION REQUIREMENTS
Each vendor solicitation response should contain at a minimum the following information:
1. Transmittal Letter as specified on page 1 of the Request for Proposal including an Applicant's
experience, if any, providing similar services.
2. The remaining vendor proposal package shall identify how the vendor proposes meeting the
contract requirements and shall include pricing. Vendors are encouraged to review the
Evaluation criteria identified to see how the proposals will be scored and verify that the
response has sufficient documentation to support each criteria listed.
3. Pricing as identified in the solicitation
4. One (1) complete, signed and notarized copy of the non-collusion agreement (See Attachment
2). Bid marked ORIGINAL, MUST HAVE ORIGINAL SIGNATURES AND NOTARY MARK .
All other copies may have reproduced or copied signatures Form must be included.
5. One (1) completed RFP Exception form (See Attachment 3) please check box if no
information Form must be included.
6. One (1) completed Confidentiality Form (See Attachment 4) please check if no information is
deemed confidential Form must be included.
7. One (1) completed Business Reference form (See Attachment 5) please provide references
other than State of Delaware contacts Form must be included.
8. One (1) complete and signed copy of the Subcontractor Information Form (See Attachment 6)
for each subcontractor only provide if applicable.
9. One (1) complete Employing Delawareans Report (See Attachment 9)
10. One (1) complete OSD application (See link on Attachment 10) only provide if applicable
The items listed above provide the basis for evaluating each vendors proposal. Failure to provide all
appropriate information may deem the submitting vendor as non-responsive and exclude the vendor
from further consideration. If an item listed above is not applicable to your company or proposal, please
make note in your submission package.
Vendors shall provide proposal packages in the following formats:
1. Ten (10) paper copies of the vendor proposal paperwork. One (1) paper copy must be an
original copy, marked ORIGINAL on the cover, and contain original signatures.
2. Ten (10) electronic copies of the vendor proposal saved to CD or DVD media disk, or USB
memory stick. Copy of electronic price file shall be a separate file from all other files on the
electronic copy. (If Agency has requested multiple electronic copies, each electronic copy must
be on a separate computer disk or media).
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REQUEST FOR

PROPOSALS FOR PROFESSIONAL SERVICES

Facilities Condition Evaluation

Date: November 28, 2016

Deadline for Questions

Date: December 1, 2016

Response to Questions Posted by:

Date: December 6, 2016

Deadline for Receipt of Proposals

Date: December 13, 2016 at 3:00 PM (Local

Estimated Notification of Award

Date: January 6, 2017

d. Casimir Pulaski Elementary School, 1300 Cedar Street

Professional Services RFP Administrative Information

Karen Field Rogers

d. Has violated contract provisions such as;

Any other cause listed in regulations of the State of Delaware determined to be

Familiarity with public work

Goals/Objectives/Project Approach/Work Plan

Ability to complete projects within defined timeframe

$1,000,000 per occurrence /

And at least one of the following, as outlined below:

Misc. Errors and Omissions

$1,000,000 per occurrence /

If the contractual service requires the transportation of departmental clients or

Vendor Emergency Response Point of Contact

k. Costs and Payment Schedules

aa. Other General Conditions

Attachment 1 No Proposal Reply Form

[balance of page is intentially left blank]

IMPORTANT PLEASE NOTE

Attachments 2, 3, 4, 5 and 9 must be included in your proposal

Contract Title: Facilities Condition

We do not wish to participate in the proposal process.

We do not feel we can be competitive.

We cannot submit a Proposal because of the marketing or franchising policies of the

We do not wish to sell to the State. Our objections are:

We do not sell the items/services on which Proposals are requested.

We wish to remain on the Vendor's List for these goods or services.

DOE RFP # 2017-06

NAME OF AUTHORIZED REPRESENTATIVE

FEDERAL E.I. NUMBER

Minority Business Enterprise (MBE)

Circle all that

[The above table is for informational and statistical use only.]

if yes, please explain

Note: use additional pages as necessary.

Note: use additional pages as necessary.

Contact Name & Title:

Contact Name & Title:

Contact Name & Title:

STATE OF DELAWARE PERSONNEL MAY NOT BE USED AS REFERENCES.

2. Proposing Vendor Name:

DOE RFP # 2017-06

4c. Company OSD Classification:

6a. NAME OF PERSON SIGNING

6b. TITLE OF PERSON SIGNING

PART II ACKNOWLEDGEMENT BY SUBCONTRACTOR

9b. TITLE OF PERSON SIGNING

* Use a separate form for each subcontractor

11. DATE SIGNED

Enter Contract No.

Report Start Date: